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86th Congress, S. 1764
To amend title 32, United States Code, to authorize the payment of certain claims against the National Guard.
74 STAT. 878.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 7 of National Guard. title 32, United States Code, is amended
(1) by adding the following new section at the end thereof: claims against ❝8 715. Property loss; personal injury or death: activities under certain sections of this title
"(a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000 a claim against the United States for
"(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
"(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard;
"(3) personal injury or death;
either caused by a member of the Army National Guard or the
Air National Guard, as the case may be, while engaged in training 70A Stat. 605, or duty under section 316, 502, 503, 504, or 505 of this title or any 610, 611. other provision of law for which he is entitled to pay under
70A Stat. 614.
section 301 of title 37, or for which he has waived that pay, and 63 Stat. 825. acting within the scope of his employment; caused by a person employed under section 709 of this title acting within the Scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
"(b) A claim may be allowed under subsection (a) only if—
"(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
"(2) it is not covered by section 2734 of title 10 or section 2672 72 Stat. 1461; of title 28;
"(3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service;
"(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and
"(5) it is substantiated as prescribed in regulations of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
"(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico.
62 Stat. 983.
70A Stat. 614.
74 STAT. 879.
72 Stat. 813.
"(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration.
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
"(f) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733 (g) of title 10 to settle similar claims.
"(g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive.
"(h) In this section, 'settle' means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance."; and
(2) by adding the following new item at the end of the analysis: "715. Property loss; personal injury or death: activities under certain sections of this title."
Approved September 13,
87th Congress, S. 1656
75 STAT. 491.
To amend chapter 50 of title 18, United States Code, with respect to the transmission of bets, wagers, and related information.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1081 Wagering inof title 18 of the United States Code is amended by adding the formation. following paragraph:
"The term 'wire communication facility' means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission."
Transmission. 63 Stat. 92.
"Wire communication facility."
SEC. 2. Chapter 50 of such title is amended by adding thereto a new 18 USC 1081section 1084 as follows:
"§ 1084. Transmission of wagering information; penalties
"(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined not more than $10,000 or imprisoned not more than two years, or both.
"(b) Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State where betting on that sporting event or contest is legal into a State in which such betting is legal.
"(c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.
"(d) When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person (449)
75 STAT. 491.
affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored."
SEC. 3. The analysis preceding section 1081 of such title is amended by adding the following item:
"Sec. 1084. Transmission of wagering information; penalties.”
Approved September 13, 1961.
87th Congress, S. 1657
75 STAT. 492.
To provide means for the Federal Government to combat interstate crime and to assist the States in the enforcement of their criminal laws by prohibiting the interstate transportation of wagering paraphernalia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 95 of Wagering paratitle 18, United States Code, is amended by adding the following new phernalia. section at the end thereof:
62 Stat. 793.
"§ 1953. Interstate transportation of wagering paraphernalia "(a) Whoever, except a common carrier in the usual course of its 18 USC 1951. business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game shall be fined not more than $10,000 or imprisoned for not more than five years or both.
"(b) This section shall not apply to (1) parimutuel betting equipment, parimutuel tickets where legally acquired, or parimutuel materials used or designed for use at racetracks or other sporting events in connection with which betting is legal under applicable State law, or (2) the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a State in which such betting is legal under the statutes of that State, or (3) the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication.
"(c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia." and by adding the following item to the analysis of the chapter:
"Sec. 1953. Interstate transportation of wagering paraphernalia."
SEC. 2. Section 1302 of title 18, United States Code, is amended by 62 Stat. 762. deleting the dash at the end of the fifth paragraph and inserting in
lieu thereof a semicolon and adding a new sixth paragraph as follows:
"Any article described in section 1953 of this title ".
Approved September 13, 1961.